Criminal_Law_-_OWI_Sequence_ppt_SHORT_VERSION_mary_w

Criminal_Law_-_OWI_Sequence_ppt_SHORT_VERSION_mary_w -...

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4/6/2010 1 Criminal Law “No State shall….deprive any person of life, liberty, or property without due process of law , nor deny to any person within its jurisdiction the equal protection of the laws.” Due Process Examples: Rights: to cross examination witnesses against you; not to incriminate self; an attorney; trial by jury, unanimous verdict, CIVIL AND CRIMINAL LAW Civil law spells out the duties between persons or person and their governments. Contracts Torts
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4/6/2010 2 Criminal Law Criminal law has to do with crime! Crimes are offenses against society. CRIMINAL PROCESS (p.215-219) Entire Process Must be Fair and Meet Constitutional Requirements 4 th , 5 th , 6 th and 8 th Amendments. ARREST – 4 th Amendment The language requires a warrant unless there is “probable cause.” So do police always need a warrant to make an arrest? No, not if the police officer has “probable cause” to believe a crime is being committed or about to be committed. Probable cause means a substantial likelihood (not just a possibility!) that a person has committed or is about to commit a crime. When would the police use an arrest warrant? The Story of Damian: Before Getting Into His Car Damian had been drinking How many is too many?
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4/6/2010 3 OPERATING WHILE INTOXICATED Damian’s arrest. Police can stop vehicle upon probable cause, such as a traffic violation. In addition to OWI, he will be charged with the traffic offense. Summary of Exceptions to 4 th Amendment Search Warrant Requirement Search after Consent given Search incident to arrest of defendant Search in emergency situation Search of evidence in “plain view” Search of impounded vehicle Search After Consent Given Search of Impounded Vehicle Impounded, but searched first to “secure Defendant’s property”
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4/6/2010 4 Search Incident to Arrest Search of evidence in “plain view” Implied Consent Law Taking Test at Jail.
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4/6/2010 5 Beginning of Parallel Universes Criminal OWI procedures. DOT revocation procedures.
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This note was uploaded on 09/20/2011 for the course 06J 047 taught by Professor Staff during the Spring '08 term at University of Iowa.

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Criminal_Law_-_OWI_Sequence_ppt_SHORT_VERSION_mary_w -...

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